Terms and conditions of booking
This contractual document will govern the hiring of accommodation reservations through the website https://bancalhotel.com owned by AKASMADAI, S.L., hereinafter, THE PROVIDER, whose contact details also appear in the Legal Notice of this website.
These terms will remain published on the website and available to the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the USER’s responsibility to read them regularly, as those in force at the time of placing orders will be applicable.
Contracts will not be subject to any formalities except those expressly indicated in the Civil Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- Has read, understands, and comprehends what is stated here.
- Is a person with enough capacity to contract.
- Assumes all the obligations set forth herein.
Identity of the contracting parties
On the one hand, the service provider of housing reservations contracted by the USER is AKASMADAI, S.L. with registered office at Calle Subida Al Mayorazgo nº 24 A Third Floor, (38110), Santa Cruz De Tenerife, CIF B76814300 and with customer service telephone 922225290. On the other hand, the USER, registered on the website with a username and password, over which he/she has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to AKASMADAI, S.L. The purpose of this contract is to regulate the contractual relationship between the PROVIDER and the USER at the time the USER accepts, during the online contracting process, the reservation of temporary accommodation. The contractual relationship of accommodation reservation implies the use and enjoyment of the chosen stay, for a limited time, in exchange for a specific price and publicly exposed through the website. Extra services must be contracted at the time of making the reservation.Contracting procedure
To access the services or products offered by the PROVIDER, the USER must be of legal age and must identify himself/herself through the website. Therefore, the USER must provide freely and voluntarily the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (GDPR), and Organic Law 3/2018 of 5 December (LOPDGDD), detailed in the Legal Notice and Privacy Policy of this website. Once this step has been completed, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society and Electronic Commerce Services (LSSICE), the contracting procedure will follow the following steps:- General contract clauses.
- Activation of reservations.
- Withdrawal rights (cancellations).
- Claims and online dispute resolution.
- Force majeure.
- Competence.
- Generalities of the offer.
- Price and validity period of the offer.
- Transport costs.
- Payment method, costs, and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
1. GENERAL CONTRACT CLAUSES
Unless specifically agreed in writing, placing a reservation with THE PROVIDER implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of THE PROVIDER unless expressly accepted in advance and in writing by THE PROVIDER.2. ACTIVATION OF RESERVATIONS AND PAYMENT
The PROVIDER will inform the USER in advance about the procedure to follow to make the travel reservation. The automatic calculation system of availability and prices allows the USER to choose the apartment or studio of interest and proceed to its online payment. Depending on the rate chosen by the USER, the amount to be paid will be the following:- Non-refundable Rate: The hotel will charge 100% of the reservation at the time of confirmation. No refund is allowed in case of cancellation, early departure, or no-show (the reservation is only held for the first night).
- Flexible Rate: The USER may cancel free of charge before 12:00 noon on the day prior to arrival. After that time, if the USER cancels the reservation, the amount corresponding to the first night will be charged to the credit card provided by the USER as a guarantee during the booking process. This also applies in case of early departure or no-show (the reservation is only held for the first night).
Failure to Execute the Distance Contract
If the PROVIDER has no available accommodation or in case of overbooking, the client will be informed and offered an alternative of equal or better quality at no additional cost, without any liability for damages attributable to the PROVIDER. The PROVIDER will not assume any liability if the service activation does not take place due to false, inaccurate, or incomplete data provided by the USER.3. CANCELLATIONS (Right of Withdrawal)
The USER has the same rights and deadlines to proceed with the cancellation and/or claim for any defects or issues related to the reservation, both online and offline. For reservations that allow cancellation according to the selected rate, it can be done directly through the reservation confirmation email received by the USER at the time of booking.4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER considers appropriate will be addressed as soon as possible and can be made through the following contact details:- Phone: 34 922 44 39 09
- E-mail: protecciondedatos@bancalhotel.com
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free-access platform for online dispute resolution between the USER and the PROVIDER without resorting to courts of law. A third party, known as the Dispute Resolution Body, acts as an intermediary between both parties. This body is neutral and will communicate with both parties to reach an agreement, potentially suggesting and/or imposing a solution to the dispute. Link to the ODR platform: http://ec.europa.eu/consumers/odr/5. FORCE MAJEURE
Neither party shall be liable for any failure due to force majeure. The fulfillment of the obligation will be postponed until the cessation of the force majeure event.6. COMPETENCE
The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted. If any provision of these terms is deemed null or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way. The USER declares to have read, understood, and accepted these General Terms and Conditions in their entirety.7. GENERAL TERMS OF THE OFFER
The details of each reservation, such as accommodation and meal plan, are provided to the USER in the respective description on the website. All sales and deliveries made shall be subject to these General Terms and Conditions. No modification, alteration, or agreement contrary to the Commercial Proposal or these terms shall be effective unless expressly agreed in writing and signed. In such cases, the specific agreements shall prevail. Due to ongoing technical advances and product improvements, the PROVIDER reserves the right to modify specifications regarding the information provided in its advertising, as long as it does not affect the value of the offered services. These modifications shall also be valid if, for any reason, the ability to supply the offered services is affected.Check-in and Check-out
Check-in: Check-in is available from 3:00 PM onwards.- Accommodation will not be available before 3:00 PM.
- If arriving earlier, luggage can be left at the reception.
- During the booking process, the USER may optionally extend check-out until 2:00 PM for a price of 20 EUROS/room or until 4:00 PM for a price of 40 EUROS/room.
Client Responsibilities
– The USER agrees to respect community regulations during quiet hours from 10:00 PM to 8:00 AM. – It is not allowed to use the accommodations for parties, bachelor/bachelorette celebrations, or to create noise. – Under no circumstances is it permitted to exceed the maximum occupancy of the accommodation. – Hanging towels and clothes on balcony railings is prohibited. – Children must always be accompanied by their parents and remain under their responsibility. – The USER is responsible for the proper behavior of all their fellow guests. Otherwise, the PROVIDER reserves the right to evict the occupants without any future claims or compensation. – The owner is not responsible for any direct or indirect damage caused by misuse of the accommodation, including, but not limited to: destruction, losses due to fire, theft, crime, accidents, or other types of damages.8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each reservation include Value Added Tax (VAT). Unless explicitly stated otherwise, these prices do not include tourist taxes (for those over 17 years old), travel insurance, shipping costs, handling, packaging, or any other additional services related to the purchased service. The applicable prices are those published on the website and are expressed in EUROS. The USER acknowledges that the economic valuation of some services may vary in real-time. Prices may change daily unless a reservation has already been made. All payments made will generate an invoice under consent (art. 63.3 RD 1/2007) in the name of the registered USER or the business name provided at the time of booking. This invoice will be delivered to the USER upon completion of the rental and payment of contracted services. The invoice can be downloaded in PDF format from the website’s user account panel. If the USER wishes to receive it via email, they must request it through any of the means provided by the PROVIDER, with the option to revoke this decision at any time. For any information regarding the reservation, the USER may contact customer service by phone at __________________ or via email at protecciondedatos@bancalhotel.com.9. PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER is responsible for financial transactions and allows the following payment method: Credit card Security Measures The website employs industry-standard information security techniques, such as SSL, secure page data entry, firewalls, access control procedures, and cryptographic mechanisms, to prevent unauthorized access to data. To achieve these goals, the USER agrees that the PROVIDER may collect data for authentication purposes. The PROVIDER commits to preventing any transactions deemed illegal by credit card brands or the acquiring bank that could harm their reputation or negatively affect them. The following activities are prohibited under the card brand programs: the sale or offering of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant, or Cardholder.10. PURCHASE PROCESS
The website has a search system with different parameters to facilitate the choice of accommodation. Reservations with immediate confirmation have a stipulated service price, and bookings can be made online with the option to add extra services as needed. Select the check-in and check-out dates, the number of guests (adults and children), and the chosen extra services, then add them to the cart. In the cart, only the selected services, quantity, price, and total amount will be displayed. Once the cart is saved, taxes, charges, and discounts will be calculated based on the entered data. Carts have no administrative binding; they only serve as a section where a budget can be simulated without any commitment from either party. From the cart, an order can be placed by following these steps for proper formalization:- – Verification of billing information.
- – Verification of the reservation (dates, services…).
- – Selection of the payment method.
- – Placing the order (purchase).
11. SEVERABILITY AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are found to be illegal, void, or for any reason unenforceable, that condition will be considered separable and will not affect the validity and enforceability of any of the remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, for any valid reason, including, but not limited to, when the USER fails to comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice, or usage policy. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other rights, powers, or remedies that may be available to the PROVIDER.12. WARRANTIES AND RETURNS
The warranty of the services offered will be governed by the following articles based on Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws: Conformity of services with the contract- Unless proven otherwise, it will be understood that the services comply with the contract as long as they meet all the requirements set out below, unless, due to the circumstances of the case, any of them are not applicable:
- a) They match the description provided by the PROVIDER.
- b) They are suitable for the uses ordinarily intended for services of the same type.
- c) They are suitable for any special use required by the USER, provided that such use was communicated at the time of contract execution and that the PROVIDER acknowledged the service as suitable for such use.
- d) They exhibit the usual quality and performance of a service of the same type that the client can reasonably expect, considering its nature and, if applicable, the descriptions made by the PROVIDER regarding the specific characteristics of the services.
- e) They describe the details, technical characteristics, and photographs of the properties provided by their owners, ensuring that the PROVIDER is not bound by these public statements.
- A lack of conformity resulting from an unperformed or improperly provided service will be considered a lack of conformity with the contract, provided that the responsibility for this lies with or under the PROVIDER’s control; on the contrary, when the unperformed or improperly provided service is due to the negligence or misconduct of the USER, it will not be considered a defect of the PROVIDER and will be deemed to comply with the terms of the contract.
- The PROVIDER shall not be liable for non-conformities that the USER was aware of or could not have been unaware of at the time of contract execution or those originating from information provided by the USER.
Responsibility of the PROVIDER
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of the accommodation delivery, recognizing the USER’s right to service repair, replacement, and price reduction.
Repair and replacement of accommodation service
- If the accommodation service does not conform to the contract, the USER may choose between demanding its repair or replacement unless one of these options is impossible or disproportionate. Once the USER communicates the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions in cases where repair or replacement does not bring the service into conformity with the contract.
- Any form of remediation that imposes costs that, compared to the alternative form of remediation, are not reasonable will be considered disproportionate, taking into account the value the service would have had without the lack of conformity, the significance of the lack of conformity, and whether the alternative remediation method could be carried out without major inconvenience to the USER.
